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Short of 5 years
Posted: Wed Jun 14, 2023 10:12 am
by Lawgic
Guys, what happens if one applies 28 days before the 5-year period but uses super priority service?
In essence, applicant won't have had 5 years in the UK by the time ILR should be issued.
Is that allowed or it's better to apply using standard application so that decision takes time and ILR is issued around 5-year mark?
Re: Short of 5 years
Posted: Wed Jun 14, 2023 2:17 pm
by zimba
The immigration procedures allow ILR to be granted within 28 days of completing your 5 years, so you do not necessarily need to complete your 5 full years. That is the whole point of the 28 days concession
Re: Short of 5 years
Posted: Wed Jun 14, 2023 8:51 pm
by Lawgic
thank you
have you got a link to smth in support of it? law/regulation/guidance?
Re: Short of 5 years
Posted: Wed Jun 14, 2023 11:40 pm
by Waseem432000
That 28 days minus 5 years guidance is pretty common. You can apply 28 days before first visa start date and can use priority/super priority service. I am planning to do exactly that myself next month. Infect I am going to submit my application, pay fees etc a couple
Of weeks before 28 days and will ensure to book the biometrics within 5 years minus 28 days period.
https://www.gov.uk/indefinite-leave-to- ... %20earlier.
Re: Short of 5 years
Posted: Thu Jun 15, 2023 6:40 am
by CR001
Waseem432000 wrote: ↑Wed Jun 14, 2023 11:40 pm
That 28 days minus 5 years guidance is pretty common. You can apply 28 days before first visa start date and can use priority/super priority service. I am planning to do exactly that myself next month. Infect I am going to submit my application, pay fees etc a couple
Of weeks before 28 days and will ensure to book the biometrics within 5 years minus 28 days period.
https://www.gov.uk/indefinite-leave-to- ... %20earlier.
Please be careful about posting advice. Not all visas have the same rules as start period, ie visa start date and not everyone is on a skilled worker visa.
The OP in this topic is on flr M spouse visa where date of entry is the starting point for ilr qualifying period.
Re: Short of 5 years
Posted: Thu Jun 15, 2023 5:30 pm
by zimba
Lawgic wrote: ↑Wed Jun 14, 2023 8:51 pm
thank you
have you got a link to smth in support of it? law/regulation/guidance?
The 28 days concession applies to all the ILR rules. This is merely a procedural concession granted by the secretary of the state so it is not written in the law or the rules. The immigration law allows the secretary of the state to establish the immigration rules and enforce them as they see fit. You see this concession only being mentioned in the official home office guides or forms
Re: Short of 5 years
Posted: Thu Jun 15, 2023 6:03 pm
by Waseem432000
CR001 wrote: ↑Thu Jun 15, 2023 6:40 am
Waseem432000 wrote: ↑Wed Jun 14, 2023 11:40 pm
That 28 days minus 5 years guidance is pretty common. You can apply 28 days before first visa start date and can use priority/super priority service. I am planning to do exactly that myself next month. Infect I am going to submit my application, pay fees etc a couple
Of weeks before 28 days and will ensure to book the biometrics within 5 years minus 28 days period.
https://www.gov.uk/indefinite-leave-to- ... %20earlier.
Please be careful about posting advice. Not all visas have the same rules as start period, ie visa start date and not everyone is on a skilled worker visa.
The OP in this topic is on flr M spouse visa where date of entry is the starting point for ilr qualifying period.
Fair enough. I just assumed OP was also on a skilled worker visa.